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(영문) 인천지방법원 2020.01.15 2018나71741
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of F 300.1 square meters in Nam-gu, Incheon (hereinafter “instant land”) and five-story officetels of reinforced concrete structure (hereinafter “instant building”) and leased cafeterias and 22 households located in the instant building.

B. The Defendants are owners of the land adjacent to the instant land, which is 627.2 square meters in Nam-gu, Incheon Metropolitan City (hereinafter “instant adjacent land”) and owners and owners of the said land (hereinafter “instant adjacent building”).

C. The Defendants concluded a contract for construction work with E (hereinafter “E”) and the construction work of the adjoining building of this case (hereinafter “instant construction work”). Around August 2016, the Defendants began to remove the buildings located on the adjoining land of this case.

The Plaintiffs filed a civil petition with the Jung-gu Incheon Metropolitan City Office on August 28, 2018 regarding noise, dust, and vibration caused by the removal of the adjoining land of this case on the following grounds: (a) on September 24, 2018 and October 21, 2018, the Plaintiffs filed a civil petition again on the ground shaking, rupture, and rupture due to the removal of the surrounding land of this case.

E. On October 20, 2016, J conducted a safety inspection related to the instant construction. On November 201, 2016, it was presumed that the construction of the instant construction site and the construction of a new building on the first ground located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, another adjacent land (hereinafter “the instant separate construction”) was likely to cause subsidence and damage to the floor of the instant building.

F. The Defendants entered into a construction contract with L Co., Ltd. (hereinafter “L”) again on November 18, 2016, and L completed the instant construction project around July 2017.

[Ground of Recognition] Unsatisfy, Gap No. 1, 2.

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